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HomeMy WebLinkAbout2312-06 - ADMIN Ordinance - City Council - 2006/03/20• ORDINANCE NO. 2312-06 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-73, 36-115A, 36-162, 36-163, 36-164, 36-165, 36-361 Residential Setbacks, Detached Garages, Accessory Buildings, Studios in Industrial Park (IP) Zoning District THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05-69-ZA) Sec. 2. The St Louis Park Ordinance Code, Sections 36-73, 36-115A, 36-162, 36-163, 36-164, 36-165 and 36-361, is hereby amended by deleting stnken language and adding underscored language. Section breaks are represented by ***. Sec. 36-73. Yard Encroachments. (b) Principal building - any yard. The following shall not be encroachments on yard requirements for pnncipal buildings provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement (6) Front entryways not exceeding a depth of 5 feet toward the front lot line and not exceeding a total of 40 square feet in area. Sec. 36-115A. TABLE 115A [DELETE ENTIRE TABLE] Sec. 36-162. Restrictions and performance standards. (7-d) Accessory structures Accessory structures shall comply with the following regulations. (1)a- Location -- -1-a Accessory buildings shall be erected or located within the back yard as defined in subsection (b) above, except that an detached accessory building, designed and used as a garage - - =- -• . - - , may be located within a side yard unless it abuts a street No accessory building shall be located in the front yard as defined in subsection (b) above 2b. Adetached-garage Accessory buildings located within the back yard shall meet the following locational provisions Ordinance No. 2312-06 -2- +1. - feet in lengt width Accessory buildings shall be located a mimmum of two feet from any lot lines 7. 1-ines: Dis#ist Min De...• Yard 9 feet 25 feet 2 feet 7 -feet 25 feet 2 feet 1 9 feet 25 feet 2 -feet t2 Eaves, overhangs, gutters or other extensions from the roof shall be located a minimum of 16 inches from any property line abutting a nght-of- way and two feet from all other property lines. 3c Accessory buildings on through lots shall be subject to the front and side yard requirements of the principal building if the accessory building is located withm 60 feet of the rear lot line Detached garages when located in the side yard must conform to the side yard requirements of the pnncipal building tmles -exempt by this ect.on o actio.. 36 73 6e No accessory building or permanent structure shall be located in a drainage or utility easement without first obtaining approval of an encroachment agreement. bL. Size -- 4a .. two f mil.. loth• The total cumulative ground floor area of all accessory buildings on single-family lots and on non -conforming two-family lots in the R-1, R-2 and R-3 Distncts buildings) shall not exceed the smaller of 800 square feet or 25 percent of the back yard This provision shall not prohibit the construction of a detached garage that is no greater than 576 square feet in area provided there are no other accessory buildings Ordinance No. 2312-06 -3- n The total cumulative ground floor area of all accessory buildings shall 2b Accessory buildings on conforming two-family lots in the R-3 or R-4 District: 11 The total cumulative ground floor area of all accessory buildings shall not exceed 25 percent of the area between the principal structure and rear lot line +r2 No single accessory building may exceed 800 square feet m total area and the cumulative area of all accessory buildings shall not exceed 1,200 square feet unless approved as a conditional use 3c The total cumulative ground floor area of all accessory buildings shall be smaller than the ground floor area of the pnncipal building on the lot ea) Height -- -1-a. Detached -garages Accessory buildings - Shall not exceed 15 feet or 22 feet in height_ The maximum height may be increased to twenty four feet where the pnmary extenor matenals of the accessory building match the pnmary extenor matenals of the principal building and the roof pitch matches the pnmary roof pitch of the principal building, and provided the wall height shall not exceed 9 feet from the floor to the top plate 2b Parking ramps --Height is regulated by sections 36-166 and 36-167. Other aAccessory structures shall not exceed 15 feet in height as 4d The height of all accessory buildings and structures shall be lower than the highest roof line plaint of the pnncipal building d0) Design -- -1-a All detached garages and other accessory buildings shall be compatible in design and matenals to the pnncipal building on the parcel 41) No plumbing for kitchen or bathroom facilities (including but not limited to toilets and showers) is allowed in any detached garage or other accessory building Hose bibs and utility sinks are allowed. 4c Floor drains in garages and other accessory buildings must be connected to sanitary sewer as approved by the city. $d No part of any Wwindows, doors, skylight-er and similar openings Chall may be located in the second story of an accessory building if the wall or dormer m which it is located faces a lot line that abuts a public right-of-way or is at least 15 feet from Ordinance No. 2312-06 -4- any property that is zoned residential and used or subdivided for residential use. 6e Accessory buildings shall not be used for dwelling purposes ej Accessory buildings as part of the principal buildings --Accessory buildings located less than six feet from a pnncipal building on the same lot shall be considered part of the pnncipal building for the purpose of applying provisions of this chapter. f(6)7 Garages below grade level --Where the natural grade of a lot at the building line of a house is eight feet or more above the established curb level, a pnvate garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any street line and five feet from any side lot line g(7)- Permit required --All accessory buildings (including storage buildings 120 square feet or less in area) shall obtain a zoning or building permit pnor to installation and must be anchored in a manner approved by the city (8)(e) Parking and stonng vehicles (81) Except as provided m subsections (c)(9) and (c)(15) (e)(2) and (e)(8) of this section, no motor vehicle, recreational vehicle, commercial vehicle, or trailer shall be permitted to stand or park in any R distnct which exceeds any of the following a. Eight feet in height, measured from the ground to the highest point on the vehicle at recommended tire pressure. For the purpose of measuring height, all accessones, attachments, and matenals carred upon a vehicle shall be considered part of the vehicle, b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the honzontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessones, attachments, and matenals carred upon a vehicle shall be considered part of the vehicle or trailer bed, or c Six thousand five hundred pounds, empty weight including the box. (92) One recreational vehicle which exceeds any of the limits set forth in subsection (c)(g) (e)(2) of this section and is owned by the occupant of the prernises can be parked in the back yard area if a The vehicle is parked no closer than five feet from any property line b If the property is a multifamily property, the vehicle must be stored on a concrete or bituminous surface and the parking space must be m excess of the rmmmum number of parking spaces required by this chapter c The vehicle shall be screened using a 90 percent opaque fence which is six feet high and plant matenals which at matunty have the ability to screen 100 percent of the height and 100 percent of the length of the vehicle with a minimum of 50 percent opacity from view from: Ordinance No. 2312-06 -5- 1. Any park. 2. Any abutting residentially developed property 3. Any street which abuts the back yard. The fence and plant materials shall be located in such a manner that visibility is maintained as required in section 36-76 A six -foot -high gate may be placed in the fence to allow for ingress and egress. Plant matenals may be omitted at points of ingress and egress but the gap in landscaping may not exceed the width of the vehicle plus two feet (-1-03) The following provisions shall apply to the parlung and storage of vehicles on residential parcels in the R-1, R-2 and R-3 distncts a No more than three vehicles can be parked or stored outside an enclosed building at a single-family residence. For a duplex, six vehicles can be parked or stored outside If there are more than three persons residing at a single-family dwelling who have valid state dnver's licenses showing the residence address, then the total number of vehicles allowed to be parked outside is increased to a number equal to the number of licensed dnvers residing at the property not to exceed five vehicles The provisions of this subsection shall not apply dunng snow emergencies b No more than two non_passenger vehicles can be parked on a residential lot outside of an enclosed building Except as permitted in subsection (-0(-9-) (e)(2) of this section, vehicles shall be stored on a designated parking space Non_passenger vehicles cannot be parked or stored in a front yard or a side yard abutting a street except as allowed under subsection (c)(10)g. (e)(3)g of this section c Only commercial vehicles which do not exceed any of the size requirements under subsection (c)(8) (e)(1) of this section and are designed exclusively for on -street use can be parked on residential lots outside an enclosed building Commercial vehicles shall be parked only within a garage or on a designated parking space and cannot be parked or stored in a front yard or a side yard abutting a street except as permitted under subsection (-€)(--1-0-)gAgng of this section d Except as permitted in subsection (c)(9) (e)(2) of this section, all vehicles must be stored on a surface improved for dnveway purposes with an approved paving surface. e No more than one recreational vehicle which exceeds the size requirements in subsection (e)(8) (e)(2) of this section can be parked on a residential lot outside an enclosed building. f. No non_passenger vehicle can be parked within five feet of an interior side lot line or rear lot line g No non_passenger vehicle can be parked within the front yard or within a side yard abutting a street except where designated parking space is permitted under subsection 36-361(b)(3)1 Under no circumstances can a non_passenger vehicle which exceeds the size limitations in subsection (c)(8) (e)(1) of this section be parked in a front yard. Ordinance No. 2312-06 -6- h. No non passenger vehicle can be parked on a residential lot if the vehicle is not owned or leased by the occupant of the premises where it is parked or is a commercial vehicle owned by the employer of an occupant who is using the vehicle for business purposes 1 Only one tow truck can be parked on a residential property J. Parking is not permitted within a dnveway in the R-1, R-2 or R-3 distnct within five feet of the curb of a public street In the absence of a curb, parking shall not be permitted within five feet of the traveled public roadway, in no event can a vehicle be parked in such a manner as to block a public sidewalk. k The total area in the front yard of a single-family lot improved for parking and dnveway purposes shall not exceed 30 percent of a front yard area. Additionally, the average width of a driveway shall not be more than 22 feet. This provision will not prohibit an average dnveway width of up to 22 feet for all single-family lots 1. Recreational vehicles six feet m height or less at their highest points may be parked in one non-dnveway side yard on a residentially zoned lot provided that they are ten feet or more from the adjacent residence, do not extend beyond the front building wall of the house, and are screened from the street and from the adjacent neighbor with a 90 percent opaque fence with a height at least equal to the height of the highest point of the vehicle to be screened A fence -height gate may be placed in the fence to allow for ingress and egress. (11) (4) One vehicle with an attached snowplow can be parked outside of an enclosed building between November 1 or the first two-inch snowfall, whichever occurs first, and April 30 This vehicle will be considered to be a commercial vehicle when applying this chapter (12) (5) Snowplows and other commercial equipment must be stored within an enclosed structure when not attached to a vehicle (13) ) Outdoor storage of fish houses is not permitted on a residential lot. (11) On -street parking of non -passenger vehicles is not permitted withm any R district. (15) (8) The following are exempt from the provisions in this subsection: a. Any vehicle being used in conjunction with a temporary service benefiting the property. b. Vehicles used in conjunction with authonzed construction sites between 7.00 a.m. and 10:00 p m Monday through Friday and between 9 00 a.m and 10 00 p m on weekends and holidays. c Vehicles used in conjunction with authonzed public works construction. d Recreational vehicles can be parked temporanly while being loaded or unloaded or during routine maintenance and servicing not exceeding 48 consecutive hours Ordinance No. 2312-06 -7- Section 36-163 R-1 Single Family Residential District *** (e) Accessory uses. The following uses shall be permitted accessory uses in an R-1 distnct: (3) Pnvate swimming pool and teams court in conformance with section 36-73, pool house building in conformance with the following conditions. c. Notwithstanding section 36-162(c)(-7), the pool house must meet all principal building yard requirements of subsection (f) of this section (5) Dctachcd garagcs sen 1. Floor areas in excess of the square footage -limitations of section 36 162 (7)b.1.ii, 2 Second stones used for other than storage purposes. /1. Roof pitch less than 3/12 slope. b. The conditions are as follows. 1. The area, bulk height, design or use shall have minimal impact on the -neighborhood. *** (f) Dimensional standards/densities. *** (2) The ground floor area ratio within the R-1 distnct shall not exceed 0.35 (3) A side yard abutting a street shall not be less -than at least 15 feet in width, except that a lot of record less than 60 feet in lot width shall have a side yard abutting a street of a minimum of 9 feet in width (4) If a comer lot has a rear lot line which is common with the side lot line of another lot, no building shall occupy that portion of the rear yard of the corner lot which that abuts the front yard of the other lot for a distance equal to the depth of the front yard of that other Ordinance No. 2312-06 -8- lot or 30 feet, whichever is less, measured from the common property line of the two lots extending toward the front lot line of the corner lot on a line perpendicular to the common lot line of the two lots. See the following diagram ROAD J r ---.- .r .---...-17eES1i 1CfED AREj L,SETBAct'_ ,_SAS i { i.--------.1 1 I 1 1 1 1 1 1 Common Lot Line (5) The following mimmum requirements and those additional requirements, exceptions and modifications contained in subsection (0(6) through (0(11) of this section and provisions regarding subdivision shall govern the use and development of lots in the R-1 distnct (6) Lot Area (square feet) Lot Width (feet) Front Yard Depth (feet) Rear Yard Depth (feet) Side Yard Width 9,000 75 30 feet or the 25 9 feet on one yard and 6 feet on the other yard, except when there is an attached garage accessible from the street or when the lot abuts an alley, both may be 6 feet front wall of the closest house on the block front, whichever is greater (See additional exceptions in Section 36-73 ) (9) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line to-pence:ft-the The minimum side yard shall be met by the average depth of the side yard distnct, but nNo side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a dnveway from the street into the rear of the lot unless a Ordinance No 2312-06 -9- garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot (10)A single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of the ordinance from which this chapter is denved, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, .11 square feet of open lot area Sec. 36-164. R-2 single-family residence district. *** (d) Uses permitted by conditional use permit No structure or land in any R-2 distnct shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365(b) and with the specific conditions imposed in this subsection and such other conditions as may be imposed by the city council under section 36-34(b) *** Detached garages a The following detached garage usos and foaturos may bo allowod as a conditional arse: 162(7)b.1.u, 2 Second stones used for other than storage purposes. • Roof pitch less than 3/12 slope b The conditions are as follows 2 The detached garage is compatible with tho scale and charastof-ef-tho neighborhood 3. Detached garage space is not be used for dwelling purposes (i e The ground floor area of tho garage and accessory building area does not (f) Dimensional standards/densities The dimensional standards/densities are as follows Ordinance No. 2312-06 -10- (2) The ground floor area ratio within the R-2 distnct shall not exceed 0 35 (3) A side yard abutting a street shall not be less than 15 feet m width except that a lot of record which is a minimum o f 40 f et ... width but less than 60 feet shall have a side yard abutting a street of a minimum of nine feet in width (4) If a corner lot has a rear lot line which is common with the side lot line of another lot, no building shall occupy that portion of the rear yard of the comer lot which abuts the front yard of the other lot for a distance equal to the depth of the front yard of that other lot or 25 feet, whichever is less, measured from the common property line of the two lots extending toward the front lot line of the corner lot on a line perpendicular to the common lot line of the two lots. See the following diagram (5) The following minimum requirements and those additional requirements, exceptions and modifications contained in subsections (0(6) through (0(11) and provisions regarding subdivision shall govern the use and development of lots in the R-2 distnct Lot Area (square feet) Lot Width (feet) Front Yard Depth (feet) Rear Yard Depth (feet) Side Yard Width 7,200 60 25 feet or the 25 7 feet on one yard and 5 feet on other yard, except when there is an attached garage accessible from the street or when the lot abuts an alley both may be 5 feet. front wall of the closest house on the block front, whichever is greater (See additional exceptions in Section 36-73.) (9) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line to-puhe The minimum side yard shall be met by the average depth of the side yard drstnett N110 side yard shall be less than five feet deep No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (10)A single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of the ordinance from which this chapter is • Ordinance No. 2312-06 -11- derived, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, (12) Each lot developed with a single family rosidei3se shall contain at least 100 Sec. 36-165. R-3 two-family residence district. *** (d) Uses permitted by conditional use permit No structure or land in any R-3 distnct shall be used for the following uses except by conditional use permit These uses shall comply with the residential restnctions and performance standards of section 36-162, all the general conditions provided in section 36-365, the specific conditions imposed m this subsection (d) and such other conditions as may be imposed by the city council under subsection (b) of section 36- 34 * * * (1) Detached garages,. *** * * * 36 162(7)b.2.ii, 2. Second stones used for other than storage purposes. 3. Window, door, skylight or simil steizik 1. Roof pitch less than 3/12 slope. b. The conditions are as follows. 1. Garage space is not used for business or commercial purposes. does not exceed 25 percent of the rear yard area. (f) Dimensional standards/densities The dimensional standards/densities are as follows Ordinance No. 2312-06 -12- (4) A side yard abutting a street shall not be less than 15 feet in width except that a lot of record which is at leant 40 f of width but less than 60 feet shall have a side yard of at least mne feet in width abutting a street (5) If a comer lot has a rear lot line which is common with the side lot line of another lot, no building shall occupy that portion of the rear yard of the corner lot which abuts the front yard of the other lot for a distance equal to the depth of the front yard of that other lot or 25 feet, whichever is less, measured from the common property line of the two lots extending toward the front lot line of the corner lot on a line perpendicular to the common lot line of the two lots See the following diagram (6) The following minimum requirements and those additional requirements, exceptions and modifications m subsections (0(7) through (0(13) of this section shall govern the use and development of lots m the R-3 distract: Lot Area (square feet) Lot Width (feet) Front Yard Depth (feet) Rear Yard Depth (feet) Side Yard Width 7,200* 60 25 feet or 25 Single Family: 7 feet on one yard and 5 feet on other yard, except the front when there is an attached garage wall of the accessible from the street or when closest the lot abuts an alley both may be 5 house on feet the block Du s lex: 9 feet on one yard and 6 front, whichever feet on other yard, except when there is an attached garage accessible from the street or when the lot abuts an alley, both may be 6 feet is greater (See additional exceptions in Section 36-73.) *This minimum lot size is for the development of a single-family house. The minimum lot size for a two-family house is 8,000 square feet *** *** Ordinance No. 2312-06 -13- (-1-211) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line te-peffeit-the The minimum side yard shall be met by the average depth of the side yard the distnct, but fNo side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. *** Sec. 36-243. I -P Industrial Park District. *** (b) Permitted uses. The following uses are permitted in an I -P district if the use complies with the industrial restrictions and performance standards of section 36-242: (11) Studios Sec. 36-361. Off-street parking areas, paved areas, and loading spaces. *** *** (b) Off-street parking and paved areas, general regulations (2) General provisions. J. Location of parking facilities. Required off-street parking in the R-1, R-2 and R-3 districts shall be located within an enclosed building or, if outside, shall be located behind a line created by extending the front building wall of the pnncipal structure to the side lot lines and shall not be located within a side yard abutting a street except as permitted under subsection (b) (3)1. of this section. Parking shall not be permitted on any landscaped area except as permitted under section 36-162(eee)(92). Passenger vehicles can be parked on pnvate dnveways in the front yard or side yard abutting a street of single- family or two-family dwelling units provided these vehicles meet the requirements of this section and of this article. Required off-street parking spaces shall be on the same lot as the building housing the pnncipal use, except in the cases of: Sec. 3. The contents of Planning Case File 05-69-ZA are hereby entered into and made part of the public heanng record and the record of decision for this case. Sec. 4 This Ordinance shall take effect fifteen days after its publication. Ordinance No. 2312-06 -14- First Reading March 6, 2006 Second Reading March 20, 2006 Date of Publication March 30, 2006 Date Ordinance takes effect April 14, 2006 ed for Administration Adopted by the City Council March 20, 2006 City Manager Attest: M. or RA Approved as to Form and Execution: City Clerk , 0,4A,94.-----------11\-- City Attorney newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A 02, §331A 07, and other applic- able laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s), it was first published on Thursday, the 30 day of March , 2006, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2006, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice • abcdefgh qkl mnopq rstuvwxyz BY Subscribed and sworn to or affirmed before me RATE INFORMATION (1) Lowest classified rate paid by commercial users 44?for comparable space ) Maximum rate allowed by law (3) Rate actually charged $ 2 85 per line $ 6 20 per line $ 1 30 per line City of St. Louis Pock (Official Publication) ORDINANCE NO. 2312-06 AN ORDINANCE AMENDING SECTIONS 36-73, 36- 115a,36-162, • 36-163, 36-164, 36-165 and 36-361 This ordinance states that sections of the Zoning Ordi- nance relating to residential setbacks, detached garages, accessory buildings, and studios will be amended This ordinance shall take effect 15 days after publication Adopted by the City Council March 20, 2006 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk Published In St Lours petit Sailor March 30, 2006 (Mar 30, 2006)a3/Summ Ord 2312 SUMMARY